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HomeMy Public PortalAboutResolution 2021-09-01 Deed of Conservation Easement for Elk Creek Meadow and Cozens MeadowTOWN OF FRASER BOARD OF TRUSTEES Resolution No. 2021-09-01 A RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A DEED OF CONSERVATION EASEMENT FOR ELK CREEK MEADOW AND COZENS MEADOW BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: 1. The Board of Trustees hereby approves the terms of the Deed of Conservation Easement for Elk Creek and Cozens Meadows, a copy of which is attached hereto and incorporated herein by this reference. 2. The Mayor is authorized to execute such Deed of Conservation Easement upon receipt of a copy signed by the Grantor, Grand Park Development, LLC. READ, PASSED ON OLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS �- day of � 1 r 2021. Votes in favor: (42- Votes opposed: t Absent: Q Abstained: O �0 1 O F FRy\ s� (S L) SEAT_ 26tORAOP"/ -1- BOARD OF TRUSTEES OF THE TOWN OF FRASER, CO O�RAAD�OO BY:� CSC �Lt,TGI� Mayor Pro -Tern ATTEST: C Town Clerk DEED OF CONSERVATION EASEMENT [Elk Creek and Cozens Meadow] THIS DEED OF CONSERVATION EASEMENT ("Deed") is granted on this day of , 2021, by GRAND PARK DEVELOPMENT LLC, a Colorado limited liability company ("Grantor"), whose address is P.O. Box 30, Winter Park, Colorado 80482, to TOWN OF FRASER ("Grantee"), whose address is P.O. Box 370, Fraser, Colorado 80442. (Grantor and Grantee are collectively referred to herein as the "Parties".) RECITALS: A. Description of Property. Grantor is the sole owner in fee simple of approximately acres of land, located in Grand County, State of Colorado, more particularly described in Exhibit A and depicted in Exhibit B, both attached hereto and made a part hereof (the "Property"). B. Qualified Organization. Grantee is a municipal corporation of the State of Colorado and qualified to be the holder of a conservation easement interest under C.R.S. § 38- 30.5-104(2). C. Conservation Values. The conservation purposes of the conservation easement conveyed by this Deed are set forth in Recitals C, D and E, and are collectively referred to hereafter in this Deed as the "Conservation Values." The Conservation Values as defined herein include the Conservation Values as they exist on the Effective Date (defined below) and as they may evolve in the future based on changes in the ecological conditions of the Property. 1. Public Recreation and Education. The Property is in a predominantly natural condition and features meadows, wetlands, ponds, waterways and riparian areas. The Property includes public trails that will provide access to the Property for recreation of the general public for hiking, biking, cross-country skiing, horseback riding, fishing, wildlife viewing, photography and other similar passive recreational activities. The Property's wildlife habitat can also provide opportunities for interpretive activities and for education of the public about the environment, geology, and wildlife. 2. Relatively Natural Habitat. Elk Creek and Leland Creek traverse the Property and include surrounding riparian areas. The Property also contains wetlands, riparian areas and open meadows. The wildlife habitat on the Property provides food, shelter, breeding ground, and migration corridors for several wildlife species, including deer and moose. The Property contributes to the ecological viability of the Arapaho National Forest. 3. Open Space. The Property is being preserved for the scenic enjoyment of the general public and pursuant to a clearly delineated federal, state or local governmental conservation policy (set forth in Recitals D and E below) and will yield a significant public benefit. Page I a. Scenic Enjoyment. The Property contains a beautiful view of meadows, riparian areas, wetlands and Leland Creek and Elk Creek. A large portion of the Property is visible to the general public from U.S. Highway 40, Old Victory Road and Grand Park Drive, which are open to and actively utilized by residents of the Town of Fraser. b. Significant public benefit. There is a foreseeable trend of intense development in the Town of Fraser, including in the Grand Park and Rendezvous developments adjacent to the Property currently and into the near future. There is a strong likelihood that development of the Property would lead to or contribute to degradation of the scenic and natural character of the area. Preservation of the Property will continue to provide an opportunity for the general public to appreciate its scenic values. C. Clearly Delineated Government Conservation Policy. Protection of the Property furthers the specific objectives of those clearly delineated government conservation policies set forth in Recitals D and E below. These Conservation Values are of great importance to Grantor, Grantee, the residents of Grand County, and the State of Colorado. D. State Policy Concerning Conservation Easements. C.R.S. § 33-1-101, provides in relevant part that "it is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors." C.R.S. § 35-3.5-101 states in part that "it is the declared policy of the state of Colorado to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products." C.R.S. § 38-30.5- 102 provides for the creation of conservation easements to maintain land "in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural, horticultural, wetlands, recreational, forest or other use or condition consistent with the protection of open land, environmental quality or life sustaining ecological diversity ..." E. Other Supporting Government Policy. The Amended and Restated Annexation Agreement for the Rendezvous Property (the "Annexation Agreement") recorded at Reception No. 2003-0167333 of the Grand County, Colorado Clerk and Recorder's Office (the "Records"), requires that the Property be encumbered by this Deed. F. Baseline Documentation Report. In order to document the condition of the Property as of the Effective Date (defined below), a report will be prepared by Grantee within six (6) months after the Effective Date and dated as of the Effective Date (the "Baseline Report"). The Baseline Report will contain a natural resources inventory and also document the Conservation Values and the characteristics, use, and status of improvements on and development of the Property. The Baseline Report will be acknowledged by Grantor and Grantee as an accurate representation of the Property as of the Effective Date, and a copy of the Baseline Report will be kept on file in the offices of both Grantor and Grantee. The Baseline Report will be provided to both parties and will be used by Grantee to assure that any future changes in the use of the Property will be consistent with the terms of this Deed. However, the Baseline Report is not intended to Page 2 preclude the use of other evidence to establish the condition of the Property as of the Effective Date. Both Parties may agree to update the Baseline Report at any time, provided that any change in condition to the Property from the time of the original Baseline Report is described in detail in the update. G. Conveyance of Conservation Easement. Grantor intends to create a conservation easement pursuant to C.R.S. §§ 38-30.5-101, et seq., which conveyance Grantor acknowledges shall not be a charitable gift but is conveyed as required by the Annexation Agreement. NOW, THEREFORE, in consideration of the recitals set forth above, incorporated herein by this reference, and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of the State of Colorado, Grantor voluntarily grants and conveys to Grantee and Grantee voluntarily accepts, a perpetual conservation easement in gross ("Easement"), an immediately vested interest in real property defined by C.R.S. §§ 38-30.5-101, et seq., and of the nature and character described in this Deed, for the purpose of preserving and protecting the Conservation Values in perpetuity. 1. Purpose. The purpose of this Easement is to ensure that Grantor preserves and protects in perpetuity the Conservation Values, in accordance with C.R.S. §§ 38-30.5-101, et seq. ("Purpose"). To effectuate the Purpose of this Easement, the Parties agree: (i) to permit those uses of the Property that are expressly permitted by this Easement, subject to any limitations or restrictions stated herein, and those uses of the Property that do not materially adversely affect the Conservation Values, as determined by Grantee subject to Section 16 (Grantor's Notice) and Section 17 (Grantee's Approval), and (ii) to prevent any use of the Property that is expressly prohibited by this Easement or that will materially adversely affect the Conservation Values, as determined by Grantee subject to Section 16 (Grantor's Notice) and Section 17 (Grantee's Approval). Nothing in this Easement is intended to compel a specific use of the Property, such as agriculture, other than the preservation and protection of the Conservation Values. 2. Rights of Grantee. To accomplish the Purpose of this Easement, this Deed conveys the following rights to Grantee, its employees and its representatives: A. To preserve and protect the Conservation Values in perpetuity; B. To enter upon the Property at reasonable times to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that prior to such entry, Grantee shall first provide reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the Property; C. To prevent any activity on or use of the Property that is inconsistent with the Purpose or the express terms of this Easement and, except as limited by Section 7 (Responsibilities of Grantor and Grantee Not Affected), Grantee may require the restoration of such areas or features of the Property that are damaged by an inconsistent activity or use to the Property's condition at the Effective Date as documented by the Baseline Report (defined below) and any update thereto, provided, however that if the condition of the Property immediately prior to the damage was materially improved as Page 3 compared to the condition of the Property at the Effective Date, Grantor shall restore the Property to its condition immediately prior to such damage; D. To access the Property in accordance with the provisions of Section 2.B (Rights of Grantee), including vehicular, pedestrian or equestrian access, or using imagery captured by airplane flyover, satellite, drones or other electronic devices, as necessary or appropriate to exercise Grantee's rights hereunder, over and across any property and all rights -of -way and roads owned by Grantor or over which Grantor has or shall have rights of access to the Property. Grantee may use snowmobiles, ATVs, motorcycles or other motorized vehicles to conduct monitoring but shall do so subject to the same limitations as applicable to Grantor; E. To receive notice, in the same manner and form as Grantor, of the exercise by others of rights -of -way, easements, mineral rights and condemnation; F. To enforce the terms and provisions of this Easement; and G. All Development Rights as defined in Section 23.11(Development Rights). Nothing in this Section shall preclude the right of Grantee to enforce the preservation and protection of the Conservation Values or any other provisions of this Easement. 3. Rights Retained by Grantor. Subject to the terms and provisions of this Easement, Grantor reserves to Grantor, and to Grantor's successors and assigns, all rights accruing from Grantor's ownership of the Property, including: (i) the right to engage in or permit or invite others to engage in all uses of the Property that are expressly permitted by this Easement, subject to any limitations or restrictions stated herein, and those uses of the Property that are not prohibited by this Easement and that do not materially adversely affect the Conservation Values; and (ii) to retain the economic viability of the Property and to retain income derived from the Property from all sources. Grantor may not, however, exercise these retained rights in a manner that is expressly prohibited by this Easement or that materially adversely affects the Conservation Values. 4. Property Improvements. Grantor shall not construct any buildings or other improvements (collectively, "Improvements") on the Property except as expressly permitted in this Easement. Improvements existing as of the Effective Date, as described below and in the Baseline Report, are permitted, and Grantor may maintain, repair, replace and reasonably enlarge (subject to square footage limitations set forth below) such Improvements in their current locations without Grantee's approval. Grantor reserves the right to construct or place only the new Improvements listed below, and Grantor shall provide prior notice of such construction to Grantee in accordance with Section 16 (Grantor's Notice) to allow Grantee to update its records. Once constructed, Grantor may maintain, repair, replace and reasonably enlarge such new Improvements in their initially -constructed locations without Grantee's approval. The following Improvements shall be permitted anywhere on the Property, subject to the limitations set forth in this Deed: fences, benches, wildlife viewing platforms, water lines, water wells, ditches, drainage and detention facilities, water storage facilities, underground utilities, Roads (defined below), Trails (defined below), information kiosks, trail markers and trash receptacles. Page 4 A. New Improvements. Grantor may construct, install, and place the following Improvements on the Property, only after the design, specific location and size of such Improvements are approved by Grantee. B. Roads and Trails. For purposes of this Section, "Roads" shall mean any permanent road that is graded, improved or maintained, including any seasonal unimproved roads and two -track roads. "Trails" shall mean any unimproved or improved path, or paved or unpaved trail constructed or established by human use, but shall not include trails established by wildlife, which are permitted but may not be improved or enlarged or used for public access to the Property unless otherwise approved by Grantee in accordance with Section 16 (Grantor's Notice) and Section 17 (Grantee's Approval). Grantor may construct Roads or Trails only in the manner permitted below and only after providing notice to Grantor in accordance with Section 16 (Grantor's Notice). i. Roads. Grantor shall not maintain, construct or establish Roads on the Property except for those existing Roads depicted on Exhibit C, attached hereto and made a part hereof, or such other Roads approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). ii. Trails. Grantor may maintain the existing Trails identified on Exhibit C, including mowing the Trails and cutting back encroaching vegetation. Grantor shall not construct or establish any new Trail on the Property unless approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). C. Fences. Grantor may repair and replace existing fences and construct new fences anywhere on the Property, provided that the location and design of fences shall be constructed in such a manner as to permit the movement of wildlife across the Property consistent with standards approved by Colorado Parks and Wildlife ("CPW") and the Purpose. Grantor and Grantee acknowledge that as of the Effective Date, the fencing on the Property does not meet the requirements of this Section. Within six (6) months after the Effective Date, Grantor shall add wildlife crossing areas or breaks within the fencing, based upon consultation with CPW, to comply with the requirements of this Section. D. Utility Improvements. Existing energy generation or transmission infrastructure and other existing utility Improvements, if any, including but not limited to: (i) natural gas distribution pipelines, electric power poles, transformers, and lines; (ii) telephone and communications towers, poles, and lines; (iii) septic systems; (iv) water wells, water storage and delivery systems; and (v) renewable energy generation systems including, but not limited to, wind, solar, geothermal, or hydroelectric ("Utility Improvements"), may be repaired or replaced with an Improvement of similar size and type at their current locations on the Property without further permission from Grantee. New Utility Improvements may only be constructed on the Property, subject to the restrictions below and provided that they are consistent with the Purpose. i. Requirements. Grantor shall not enlarge any existing Utility Improvements or construct any new Utility Improvements on the Property without Page 5 Grantee's approval pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). ii. Additional Requirements. Following the repair or replacement, or the permitted and approved enlargement or construction of any Utility Improvements, Grantor shall promptly restore any disturbed area to a condition consistent with the Purpose. Any easement, right of way or other interest granted to a third parry or otherwise reserved, to be used for Utility Improvements is subject to Section 6.K (Easements, Rights of Way or Other Interests). 5. Resource Management. To accomplish the preservation and protection of the Conservation Values in perpetuity, Grantor shall operate, manage and maintain the Property in a manner that promotes the continued viability of the natural resources on the Property while maintaining any permissible productive uses of the Property, subject to the provisions of this Section 6. Specifically, Grantor shall conduct the uses listed below in a manner consistent with the Purpose. Notwithstanding the foregoing, Grantor and Grantee recognize that changes in economic conditions, in agricultural technologies, in accepted farm, ranch and forest management practices, and in the situation of Grantor may result in an evolution of agricultural, silvicultural, and other uses of the Property, and such uses may be permitted if approved by Grantee in accordance with Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). A. Agriculture. Agricultural uses, including hay production, may be conducted by Grantor on the Property, provided that livestock pasturage and other animal operations are not permitted and no new or additional agricultural uses shall be permitted unless approved by Grantee in accordance with Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). Any new or additional agricultural uses permitted by Grantee shall not interfere with access of the public to the Trails. B. Timber and Vegetation. Grantor may cut trees and vegetation to control insects and disease, to control invasive species, to prevent personal injury and property damage, and for fire mitigation purposes including limited and localized tree and vegetation thinning. Grantor may also cut dead trees on the Property for the construction of permitted fences. Any large scale fire mitigation activities shall only be permitted in accordance with a fire mitigation plan approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). Commercial timber harvesting activities are prohibited. C. Relatively Natural Habitat. Grantor may conduct any activities to create, maintain, restore, or enhance wildlife habitat and native biological communities on the Property, provided that such activities do not temporarily or permanently have a material adverse effect on the Conservation Values, except as otherwise prohibited by Section 5.H (Hunting; Wildlife Control). If such activities could in any manner temporarily or permanently have a material adverse effect on the Conservation Values, Grantor must first notify Grantee and obtain Grantee's approval pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). Page 6 D. Minerals and Other Deposits. This Easement expressly prohibits the mining or extraction of Minerals using any surface mining method. Grantor may permit subsurface access to Minerals from locations off the Property, provided that Grantor shall not permit such subsurface access to disturb the lateral and subjacent support of the Property. E. Recreation. Grantor may undertake passive recreational uses such as, and without limitation, wildlife watching, photography, birding, horseback riding, hiking, biking, cross-country skiing, and fishing, provided such uses are undertaken (i) in a manner consistent with the Purpose, and (ii) on Roads and Trails. Such uses shall be non - motorized, except as otherwise set forth in Section 6.J (Motorized Vehicle Operation). Trails are permitted only in accordance with Section 4.B.ii (Trails). F. Educational/Interpretive and Research/Monitoring Activities. Grantor may use the Property for educational and interpretive activities and research and monitoring activities on Roads and Trails without Grantee's permission, and such activities may be conducted in other locations off Roads and Trails, only if such use is consistent with the Purpose and is approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). G. Water Rights. No water rights are included in the Property subject to this Easement. H. Hunting; Wildlife Control. Hunting on the Property is prohibited. Live trapping may be allowed by Grantor as deemed necessary to study threatened or endangered species, species proposed for listing, or species of concern. Grantor, or any other party, shall not release any rodents, or non-native or exotic wildlife species on to the Property, including any wildlife species intended to be relocated from another Property, and any release of other native wildlife species on the Property is subject to applicable law. 6. Restricted Practices. A. Subdivision. The division, subdivision or de facto subdivision of the Property, whether by legal or physical process, into two or more parcels of land or partial or separate interests (including, but not limited to, condominium interests or the partition of undivided interests) is prohibited. At all times Grantor shall own and convey the Property as a single tract of land which shall be subject to the terms and conditions of this Easement, regardless of whether the Property now consists of separate legal parcels, was acquired as separate legal parcels, or is treated as separate legal parcels for property tax or other purposes. Grantor may own the single tract of land by joint tenancy or tenancy in common, consistent with Section 23.K (Joint and Several Liability); provided, however, that Grantor shall not undertake any legal proceeding to partition, subdivide or divide in any manner such undivided interests in the single tract of land. Nothing in this Easement shall prohibit Grantor from separately conveying the Property and any land adjacent to the Property owned by Grantor. Page 7 B. Surface Disturbance. Any alteration of the surface of the land, including without limitation, the movement, excavation, extraction or removal of soil, sand, gravel, rock, peat or sod, is prohibited, unless such alteration is associated with permitted acts on and uses of the Property and is consistent with the Purpose. C. Water Improvements. The construction of new water Improvements or enlargement of existing water Improvements, the enlargement of existing ponds or reservoirs, and the construction of new ponds or reservoirs, is subject to Grantee approval pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). Any portion of the Property that is disturbed by the maintenance, repair, construction or enlargement of water Improvements shall be restored to a condition that is consistent with the Purpose promptly after said activity is completed. Grantee is and may become the owner of certain water rights and easements for wells, water storage and related facilities on the Property, and Grantee shall have the right to construct, repair and maintain such facilities without amendment to this Deed. D. Commercial or Industrial Activity. Grantor shall not conduct industrial uses on the Property. Grantor shall not conduct commercial uses of the Property except for those commercial uses approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). E. Feed Lot. Grantor shall not establish or maintain a feed lot. For purposes of this Easement, "feed lot" means a permanently constructed confined area or facility which is used and maintained continuously and exclusively for purposes of warm-up or fattening large numbers of livestock for market. F. Public Access. There are currently public Trails located on the Property, and the Parties acknowledge that members of the public have the right to access the Trails on the Property. G. Trash. Grantor may not dump or accumulate any kind of trash, sludge, or refuse on the Property. H. Hazardous Materials. Grantor may use agri-chemicals on the Property in accordance with all applicable federal, state or local laws. For purposes of this Easement, "Hazardous Materials" shall mean: (i) any "hazardous substance" as defined in § 9601(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA"), (ii) any "pollutant or contaminant" as defined in § 9601(33) of CERCLA, (iii) any hazardous waste as defined in C.R.S. § 25-15-101(6), or any of items included within the non -exhaustive list of over 600 substances listed in 40 C.F.R. § 302.4 that qualify as hazardous substances under CERCLA. The use, treatment, storage, disposal, or release of Hazardous Materials shall only be permitted in accordance with applicable, federal, state and local law and regulations. Without limiting the foregoing, nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, nor shall Grantee have any right or ability, to exercise physical or managerial control over the day- to-day operations of the Property, or otherwise to become an operator with respect to the Property within the meaning of CERCLA. Page 8 I. Weed Control. The Parties recognize the potential negative impact of noxious weeds and invasive plant species on the Conservation Values. Grantor shall manage noxious weeds and invasive plant species in a manner consistent with the Purpose. Grantee has no responsibility for the management of noxious weeds and invasive plant species. J. Motorized Vehicle Operation. Grantor may operate motorized vehicles on the Property for property management and public safety purposes. Subject to the provisions of Section 6X (Public Access), Grantor may permit members of the public to access the Property (i) by motorized vehicles only on the Roads, (ii) utilizing power -driven devices for disabled persons on Roads and Trails and only pursuant to Grantor's or Grantee's adopted rules and regulations, (iii) using electric bicycles only on Roads and Trails and only pursuant to Grantor's or Grantee's adopted rules and regulations, and (iv) to the extent otherwise required to comply with the Americans with Disabilities Act or as otherwise approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). K. Easements, Rights of Way or Other Interests. The conveyance or modification of an easement, right of way or other similar interest is prohibited unless approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). L. Signs. Grantor shall not place signs on the Property unless approved by Grantee pursuant to Sections 16 (Grantor's Notice) and 17 (Grantee's Approval). M. Other Restricted Uses. Grantor shall not construct or establish playgrounds, athletic fields, golf courses, sod farms, helicopter pads, or airstrips anywhere on the Property. 7. Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligations of Grantor as owner of the Property. Additionally, unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God or other event over which Grantor had no control. Grantor shall continue to be solely responsible and Grantee shall have no obligation for the upkeep and maintenance of the Property and Grantor understands that nothing in this Easement relieves Grantor of any obligation or restriction on the use of the Property imposed by law. Among other things, this shall apply to: A. Taxes. Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor will reimburse Grantee for the same. If for any reason Grantor fails to pay any taxes, assessments or similar requisite charges, Grantee may pay such taxes, assessments or similar requisite charges, and may bring an action against Grantor to recover all such taxes, assessments and similar charges plus interest thereon at the rate charged delinquent property taxes by the county assessor's office in which the Property is located. Page 9 B. Indemnification. Grantor shall indemnify, defend and hold harmless Grantee and its trustees, commission and committee members, officers, directors, employees, agents, and contractors and the heirs, personal representatives, successors and assigns of each of them (collectively, the "Grantee Parties") from and against any and all loss, damage, cost, or expense, including reasonable attorneys' fees, arising from or in any way related to: (i) injury to or the death of any person, or damage to property, occurring on or about or related to the Property, except to the extent due to the act or omission of the Grantee Parties; (ii) Grantor's obligations under this Easement; (iii) the presence or release of hazardous materials on, under, or about the Property under Section 6.11 (Hazardous Materials); (iv) the existence of any underground storage tanks on the Property; or (v) the violation or alleged violation of, or other failure to comply with any state, federal, or local law, regulation, or requirement, including, without limitation, CERCLA and state hazardous waste statutes, by any person other than any of the Grantee Parties, in any way affecting, involving, or relating to the Property. 8. Enforcement. If Grantee finds what it believes is a violation of the terms of this Easement, Grantee shall immediately notify Grantor in writing of the nature of the alleged violation ("Notice of Violation"). Upon receipt of the Notice of Violation, Grantor shall immediately discontinue the activity or use that has caused the alleged violation and shall either: (a) restore the Property to its condition prior to the violation in accordance with a written restoration plan ("Restoration Plan"); or (b) provide a written explanation to Grantee of the reason why the alleged violation should be permitted. The Restoration Plan shall be submitted to Grantee within twenty (20) days after Grantor's receipt of the Notice of Violation, or within a longer time period if so specified by Grantee in the Notice of Violation. The Restoration Plan shall be approved or disapproved by Grantee in writing within thirty (30) days after its submittal. Grantor shall begin restoring the Property in accordance with the Restoration Plan within ten (10) days after it is approved by Grantee and diligently pursue such cure to completion in compliance with the terms of the approved Restoration Plan. If the condition described in clause (b) above occurs, both parties agree to meet within thirty (30) days to resolve this difference. If the parties are unable to resolve the dispute at the meeting, Grantee may, at its discretion, take appropriate legal action. If after receipt of the Notice of Violation, Grantor continues the activity or use that caused the alleged violation or if a court with jurisdiction determines that a violation is imminent, exists, or has occurred, Grantee may seek an injunction to stop it, temporarily or permanently, prior to the parties meeting and prior to completion of the Restoration Plan. A court may also issue an injunction to require Grantor to restore the Property to its condition prior to the violation, and may order Grantor to pay any restoration costs necessitated by Grantor's violation of the terms of this Easement. Grantor shall pay any costs incurred by Grantee in enforcing the terms of this Easement against Grantor, including, without limitation, costs and expenses of suit, and attorneys' fees and any costs of restoration necessitated by Grantor's violation of the terms of this Easement. If the deciding body determines that Grantee has acted in bad faith in seeking to enforce this Easement, each Party shall be responsible for their own costs. The parties will share equally in any mediation fees. Grantee's remedies described in this Section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of Conservation Values. Enforcement of the terms of this Easement shall be at Page 10 the discretion of Grantee, and the failure of Grantee to discover a violation or to take action shall not waive any of Grantee's rights, claims or interests in pursuing any such action at a later date. 9. Transfer of Easement. Grantee shall have the right to transfer this Easement to any public agency or private non-profit organization that, at the time of transfer, is authorized to hold conservation easements under C.R.S. §§ 38-30.5-101 et seq., and only if the agency or the organization expressly agrees to abide by the terms of this Easement and to assume the responsibility imposed on Grantee by this Easement. Grantee shall notify Grantor in advance of any proposed transfers. If Grantee ever ceases to exist or no longer qualifies under federal or state law, a court with jurisdiction shall transfer this Easement to another qualified organization having similar purposes and that agrees to abide by the terms of this Easement and to assume the responsibility imposed on Grantee by this Easement. 10. Transfer of Property. Grantor shall incorporate the terms of this Easement by reference in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor shall notify Grantee in writing within (5) business days after closing using the form in Exhibit D attached hereto and made a part hereof, and shall attach to the form a copy of the new ownership deed. 11. Acts Beyond a Party's Control. Nothing contained in this Easement shall be construed to entitle a Party to bring any action against the other Party for any injury to or change in the Property resulting from causes beyond the Parties' control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by a Party under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. Notwithstanding the foregoing, Grantor shall take reasonable efforts to prevent third parties from performing, and shall not knowingly allow third parties to perform, any act on or affecting the Property that is inconsistent with the Purpose of this Easement. 12. Termination or Extinguishment of Easement. Except as provided in Section 13 (Compensation upon Condemnation, Termination or Extinguishment), this Easement or any part hereof may be terminated or extinguished only by judicial proceedings in a court of competent jurisdiction. The only ground upon which this Easement can be terminated or extinguished is the total loss of all Conservation Values. If termination or extinguishment occurs, Grantee shall be entitled to compensation determined as provided in Section 13 (Compensation upon Condemnation, Termination or Extinguishment). 13. Compensation upon Condemnation, Termination or Extinguishment. A. Value of Conservation Easement. Grantor and Grantee agree that this Easement gives rise to a property right, immediately vested in Grantee with a fair market value that is at least equal to the proportionate value that the Easement, at the time of its conveyance, bears to the value of the Property as a whole at that time. The Parties agree that the best estimate of the fair market value of the Easement is seventy-five percent (75%) of the full fair market value of the Property unrestricted by this Easement represented as a percentage ("Easement Value Ratio"), which Easement Value Ratio shall remain constant, and Grantee's proportionate share of the fair market value of the Property thereby determinable shall remain constant. Page 11 B. Termination or Extinguishment. If a subsequent unexpected change in the conditions surrounding the Property can make impossible or impractical the continued use of the Property for conservation purposes, this Easement can only be terminated or extinguished, whether with respect to all or a part of the Property, by judicial proceedings in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any subsequent sale of all or any portion of the Property (or any property received in connection with an exchange or involuntary conversion of the Property) after such termination or extinguishment, and prior to the payment of any costs or expenses associated with such sale, Grantee shall be entitled to the Easement Value Ratio multiplied by the proceeds of any such sale. C. Condemnation. Grantor shall notify Grantee immediately of any communication or notice received concerning any proposed taking or condemnation affecting the Property. If all or any portion of the Property is taken under the power of eminent domain by public, corporate, or other authority, Grantee shall have the right to participate in any proceedings as a real property interest holder and Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full fair market value (without regard to any diminution in value attributable to the Easement) of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. In addition, Grantee may pursue any remedies in law or in equity, including opposition to the condemnation of the Property. Prior to the payment of any expenses reasonably incurred by the Parties in connection with such taking, Grantee shall be entitled to the Easement Value Ratio multiplied by the proceeds received from such taking. The respective rights of Grantor and Grantee set forth in this Section 13.0 shall be in addition to, and not in limitation of, any rights they may have at common law. D. Proceeds. Grantee's share of any proceeds received pursuant to this Section 13 shall be used by Grantee in a manner consistent with the conservation purposes of this Easement as of the time of its conveyance and shall otherwise comply with Treas. Reg. § 1.170A-14(g)(6). E. Remedies. Grantee's remedies described in this Section shall be cumulative and shall be in addition to any and all remedies now or hereafter existing at law or in equity, including the right to recover any damages for loss of Conservation Values as described in C.R.S. § 38-30.5-108. 14. Perpetual Duration. This Easement shall be a servitude running with the land in perpetuity. The provisions of this Easement that apply to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear; provided, however, that each party's rights and obligations under this Easement shall terminate (as to such party, but not as to such parry's successor, who shall be bound as provided herein) upon a transfer of the party's entire interest in this Easement or the Property, except that liability of such transferring party for act or omissions occurring prior to such transfer shall survive the transfer. 15. Change of Circumstance. The fact that any use of the Property that is prohibited by this Easement, or any other use as determined by Grantee to be inconsistent with the Purpose Page 12 of this Easement, may become economically more valuable than permitted uses has been considered by Grantor in granting this Easement. It is the intent of both Grantor and Grantee that such circumstances shall not justify the termination or extinguishment of this Easement pursuant to Section 13 (Compensation upon Condemnation, Termination or Extinguishment). In addition, the inability to carry on any or all of the permitted uses, or the unprofitability of doing so, shall not impair the validity of this Easement or be considered grounds for its termination or extinguishment pursuant to Section 13 (Compensation upon Condemnation, Termination or Extinguishment). 16. Grantor's Notice. Where Grantor's notice is required in this Deed, Grantor shall notify Grantee in writing not less than sixty (60) calendar days prior to the date Grantor intends to undertake the activity in question. The written notice shall describe the proposed activity in sufficient detail (i.e. location, size, scope, design, nature) to allow Grantee to evaluate the consistency of the proposed activity with the pertinent terms of this Easement. 17. Grantee's Approval. Where Grantee's approval is required in this Deed, Grantee shall grant or withhold its approval in writing within thirty (30) calendar days of receipt of Grantor's written notice thereof. Grantee's decision may be withheld if Grantee is unable to immediately evaluate the proposed action. Grantor shall not engage in the proposed act or use until Grantor receives Grantee's approval in writing. As part of its determination, Grantee shall consider the proposed manner in which the proposed activity will be conducted, whether it complies with the terms of this Easement, and the likely impact on the Conservation Values. Grantee's approval may be withheld in its sole discretion. Grantor shall pay any and all costs associated with the evaluation of the proposed use or activity, including, but not limited to, staff time, legal fees, and resource specialist fees. Grantee may require an update to the Baseline Report to document any approval. 18. Notices. Any notice that either party is required to give to the other in writing shall be transmitted via U.S. mail, overnight delivery service or served personally to the following addresses which addresses may change from time to time by a party giving written notice in the manner set forth above: Grantor: Grand Park Development LLC P.O. Box 30 Winter Park, CO 80482 Grantee: Town of Fraser P.O. Box 370 Fraser, CO 80442 Attn: Town Manager 19. Liens on the Property. No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property as collateral for subsequent borrowing. Any mortgage or lien arising from such a borrowing is subordinate to this Deed. 20. No Merger, Abandonment, Release, or Adverse Possession. Should Grantee in the future own all or a portion of the fee interest in the Property, Grantee as successor in title to Grantor, shall observe and be bound by the obligations of Grantor and the restrictions imposed on Page 13 the Property by this Easement. In addition, this Easement shall not merge with the fee title to the Property. The Easement shall not be extinguished, in whole or in part, through the legal doctrine of merger in view of the public interest in its enforcement. This Easement cannot be abandoned, released, or affected by adverse possession. 21. Grantor Representations and Warranties. A. Except as provided in Section 19 (Liens on the Property), Grantor warrants that Grantor: (i) has good and sufficient title to the Property, free from all liens and encumbrances securing monetary obligations except ad valorem property taxes for the current year; (ii) has the right to grant access to the Property to Grantee for the purposes described in this Easement and has in fact granted said access to Grantee; and (iii) hereby promises to defend title to the Property against all claims that may be made against it by any person claiming by, through or under Grantor. B. Grantor represents and warrants that, after reasonable investigation and to the best of its knowledge: i. No hazardous substance or toxic waste exists nor has been generated, treated, stored, used, disposed of, deposited, or transported, in, on, or across the Property, and that there are no underground storage tanks located on the Property; ii. Grantor and the Property are in compliance with all federal state, and local laws, regulations, and requirements applicable to the Property and its use; iii. There is no pending or threatened litigation in any way affecting, involving, or relating to the Property; and iv. No civil or criminal proceedings or investigations have been instigated at any time or are now pending, and no notices, claims, demands, or orders have been received, arising out of any violation or alleged violation of, or failure to comply with, any federal, state, or local law, regulation, or requirement applicable to the Property or its use. 22. Acceptance. Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed. 23. General Provisions: A. Severability. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. Page 14 B. Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. C. Waiver of Defenses. Grantor hereby waives any defense of laches, estoppel or prescription and acknowledges and agrees that the one-year statute of limitation provided under C.R.S. § 38-41-119 does not apply to this Easement, and Grantor waives any rights of Grantor pursuant to such statute. D. Controlling Law and Liberal Construction. The provisions of this Easement are subject to the laws of the United States and the State of Colorado as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder. The provisions of this Easement are to be liberally construed in favor of the Purpose, and any ambiguities or questions regarding the validity of specific provisions shall be interpreted in favor of maintaining the Purpose. Any decisions resolving such ambiguities or questions shall be documented in writing. E. Counterparts. The parties may execute this instrument in two or more counterparts which shall, in the aggregate, be signed by all parties; each counterpart shall be deemed an original instrument as against any party who has signed it; all counterparts, when taken together, shall constitute this instrument. F. Amendment. This Easement may be amended only with the written consent of Grantor and Grantee, to be granted or withheld in each Party's sole discretion. The amendment must: be consistent with the Conservation Values and Purpose of this Easement; ii. not affect the perpetual duration of the restrictions contained in this Easement; iii. not affect any applicable laws, including C.R.S. § 38-30.5-101 et seq., and any regulations promulgated thereunder; iv. either enhance or have no effect on any of the Conservation Values protected by this Easement; V. not result in private inurement or impermissible private benefit to any parry; vi. be consistent with Grantee's public mission; and vii. comply with Grantee's procedures and standards for amendments (as such procedures and standards may be amended from time to time). Any amendment must be in writing, signed by the Parties, and recorded in the Records. Grantee shall have the right to charge a fee to Grantor for reasonable costs incurred by Page 15 Grantee, including staff and consultant time and reasonable attorney's fees, associated with any amendment. The term "amendment" means any instrument that purports to alter in any way any provision of or exhibit to this Deed. In order to preserve the Easement's priority, Grantee may require that Grantor obtain subordinations of any liens, mortgages, easements, or other encumbrances. Nothing in this Section shall be construed as requiring Grantee to agree to any particular proposed amendment. G. Entire Agreement. This Deed sets forth the entire agreement of the parties with respect to the terms of this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the terms of this Easement, all of which are merged herein. H. Development Rights. For purposes of this Easement, "Development Rights" are defined as all present or future rights to (i) construct, place, replace, enlarge, maintain or repair any Improvements on the Property; or (ii) receive credit for density for development on or off the Property. By this Deed, Grantor conveys to Grantee all Development Rights associated with the Property. Therefore, Grantor does not have the right to use or transfer any Development Rights conveyed to Grantee by this Deed. I. Recording. Grantee shall record this Deed in timely fashion in the Records, and Grantee may re-record it at any time as may be required to preserve its rights in this Easement. J. No Third Party Enforcement. This Deed is entered into by and between Grantor and Grantee and does not create rights or responsibilities for the enforcement of the terms of this Deed in any third parties except as expressly reserved herein. K. Joint and Several Liability. If Grantor at any time owns the Property in joint tenancy or tenancy in common, Grantor shall be jointly and severally liable for all obligations set forth in this Easement. L. Environmental Attributes. Grantor hereby reserves all Environmental Attributes associated with the Property. `Environmental Attributes" shall mean any and all tax or other credits, benefits, renewable energy certificates, emissions reductions, offsets, and allowances (including but not limited to water, riparian, greenhouse gas, beneficial use, and renewable energy), generated from or attributable to the conservation, preservation and management of the Property in accordance with this Easement. Nothing in this Section 23.L shall modify the restrictions imposed by this Easement or otherwise impair the preservation and protection of the Conservation Values. M. Authority to Execute. Each party represents to the other that such party has full power and authority to execute and deliver this Deed, and perform its obligations under this Easement, that the individual executing this Deed on behalf of said party is fully empowered and authorized to do so, and that this Deed constitutes a valid and legally binding obligation of said party enforceable against said party in accordance with its terms. Page 16 N. Effective Date. The "Effective Date" of this Deed shall be the date of its recording in the Records. O. Annual Appropriation. To the extent that any financial obligation of this Deed is subject to the multiple fiscal year obligations of Article 10, Section 20(4)(b) of the Colorado Constitution or C.R.S. § 29-1-110, such obligation may be subject to annual appropriation by Grantee. The foregoing is not an agreement or an acknowledgement by either Grantor or Grantee that any financial obligation which could arise pursuant to this Deed would be subject to the requirement that funds for such financial obligation must be appropriated by Grantee. Nothing in this Deed shall be deemed to be a waiver of any rights that Grantee may have pursuant to C.R.S. § 30-25-104. P. Costs and Fees. In addition to the costs and fees of enforcement as set forth in Section 8 (Enforcement), Grantor shall be responsible for the costs and fees set forth in this Section 23.P. Grantor shall pay any and all costs associated with requests for Grantee's approval pursuant to Section 17 (Grantee's Approval), including but not limited to, staff time, legal fees, and resource specialist fees. Grantee shall have the right to charge a fee to Grantor for reasonable costs incurred by Grantee, including staff and consultant time and reasonable attorney's fees, associated with any amendment to this Easement pursuant to Section 23.F (Amendment). Q. No Waiver of Governmental Immunity. Grantor, its trustees, commission and committee members, officials, officers, directors, agents and employees, are relying on, and do not waive or intend to waive by any provision of this Deed, the monetary limitations or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 to 120, as amended. TO HAVE AND TO HOLD, this Deed of Conservation Easement unto Grantee, its successors and assigns, forever. Page 17 IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. STATE OF COLORADO SS. COUNTY OF Cli:711►U to] GRAND PARK DEVELOPMENT LLC By: Name: Title: The foregoing instrument was acknowledged before me this day of , 2021, by as of Grand Park Development LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public Page 18 STATE OF COLORADO ss. COUNTY OF The foregoing instrument was , 2021, by Fraser, State of Colorado. Witness my hand and official seal. My commission expires: GRANTEE: TOWN OF FRASER By: acknowledged before me this day of as of the Town of Notary Public Page 19 EXHIBIT A Legal Description of the Property [To be inserted] Page 20 EXHIBIT B Depiction of the Property [To be inserted] Page 21 EXHIBIT C Map of Roads and Trails on the Property [To be inserted] Page 22 ry Q Z a 2 Z 7 Q Q hm� to +� u) ego 2 a � J � � Z LrU F L LU U'-''ZE ���1■ !�tr' 4 a'g t LLI H � a m_ NQ ` V I I r' 1 I ' EXHIBIT D Sample Notice of Transfer of Property To: Town of Fraser ("Grantee") From: [Insert name of fee owner] ("Grantor") Pursuant to Section 10 of the Deed of Conservation Easement recorded (date) under reception number , Grantee is hereby notified by Grantor of the transfer of the fee simple interest in the subject Property legally described in Exhibit A attached hereto effective [insert date of closing] to [insert name of new Grantor], who can be reached at [insert name, legal address, phone and fax number]. Also pursuant to Section 10 of the aforementioned Deed of Conservation Easement, a copy of the new ownership deed is attached. STATE OF COLORADO ss. COUNTY OF Cl1.711►Y 00 By: _ Title: The foregoing instrument was acknowledged before me this day of 20, by as of Witness my hand and official seal. My commission expires: Notary Public Date: Page 23 EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN SECTIONS 20, 28 AND 29 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. GRAND COUNTY, COLORADO SCALE 1" = 2000' WINTER PARK FRASER SITE NOTES 2930 28 2019 21 3231 33 LEGAL DESCRIPTION AREA C SURVEYOR'S STATEMENT: EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN S20, S28 AND S29 T1S, R75W, 6TH PM ELK CREEK ELK CREEK H W Y 4 0 R R LEGAL DESCRIPTION AREA A LEGAL DESCRIPTION AREA B LEGAL DESCRIPTION AREA B LEGAL DESCRIPTION AREA D LEGAL DESCRIPTION AREA D EXCEPT 9/2/2021 AREA D SEE SHEET 5 AREA D SEE SHEET 6 AREA A SEE SHEET 3 AREA C SEE SHEET 5 NORTH 1/4 CORNER SECTION 29 POINT OF COMMENCEMENT AREAS A, B, C & D NORTHWEST CORNER SECTION 29 SECTION 20 SECTION 29 SE C T I O N 2 8 SE C T I O N 2 9 AREA ACREAGE +/- TOTAL 140.25 +/- ACREAGE TABLE HI G H W A Y 4 0 BASIS OF BEARINGS S 89°44'20" W 2638.90' AREAS A, B, C & D U N I O N P A C I F I C R R AREA B SEE SHEET 4 ELK CREEK E L K C R E E K 0 250 500 SCALE: 1" = 250' EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN SECTIONS 20, 28 AND 29 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. GRAND COUNTY, COLORADO EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN S20, S28 AND S29 T1S, R75W, 6TH PM 9/2/2021 AREA A 14.74 ACRES +/- UNION PACIFIC RAILROAD COZENS POINTE AT GRAND PARK REC. NO. 2006009840 METES AND BOUNDS REC. NO. 95004884 ELK CREEK AT GRAND PARK FILING NO. 4 REC. NO. 2018002614 P.O.B. AREA A P.O.C. N1/4 SEC 29 UNPLATTED OWNER: GPD, LLC ELK CREEK AT GRAND PARK FILING NO. 4 REC. NO. 2018002614 ELK CREEK AT GRAND PARK FILING NO. 3 REC. NO. 2018000114 ELK CREEK AT GRAND PARK FILING NO. 2 REC. NO. 2016003562 ELK CREEK AT GRAND PARK FILING NO. 1 REC. NO. 2016001816 EL K C R E E K EL K C R E E K ELK CREEK AT GRAND PARK FILING NO. 2 REC. NO. 2016003562 UNION PACIFIC RAILROAD 0 80 160 EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN SECTIONS 20, 28 AND 29 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. GRAND COUNTY, COLORADO EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN S20, S28 AND S29 T1S, R75W, 6TH PM 9/2/2021 METES AND BOUNDS UNION PACIFIC RAILROAD AREA B 6.56 ACRES +/- P.O.C. N1/4 SEC 29 P.O.B. AREA B ELK CREEK AT GRAND PARK FILING NO. 1 REC. NO. 2016001816 ELK CREEK AT GRAND PARK FILING NO. 3 REC. NO. 2018000114 ELK CREEK AT GRAND PARK FILING NO. 3 REC. NO. 2018000114 ELK CREEK AT GRAND PARK FILING NO. 2 REC. NO. 2016003562 ELK CREEK AT GRAND PARK FILING NO. 1 REC. NO. 2016001816 ELK CREEK AT GRAND PARK FILING NO. 1 REC. NO. 2016001816 ELK CREEK AT GRAND PARK FILING NO. 1 REC. NO. 2016001816 ELK CREEK AT GRAND PARK FILING NO. 3 REC. NO. 2018000114 ELK CREEK AT GRAND PARK FILING NO. 2 REC. NO. 2016003562 METES AND BOUNDS 0 60 120 EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN SECTIONS 20, 28 AND 29 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. GRAND COUNTY, COLORADO EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN S20, S28 AND S29 T1S, R75W, 6TH PM 9/2/2021 POND CELL A REC. NO. 2021006416 P.O.C. N1/4 SEC 29 P.O.B. AREA D U.S. H I G H W A Y 4 0 U. S . H I G H W A Y 4 0 COZENS MEADOW AT GRAND PARK AMEND. NO. 1 REC. NO. 2007006785 SPECIAL WARRANTY DEED REC. NO. 2009001131 SP E C I A L W A R R A N T Y D E E D RE C . N O . 2 0 0 9 0 0 1 1 3 1 RESUB. OF TRACTS D AND E FOREST MEADOW SOLAR COMM. REC. NO. 218772 POND CELL B REC. NO. 2021006416 POND CELL C REC. NO. 2021006416 POND CELL D REC. NO. 2021006416 MATCH LINE SEE SHEET 6 TRA C T C OWN E R S : G P D , L L C AR E A C 1.65 A C R E S + / - AREA D 117.30 ACRES +/- TRACT E TRACT A OWNER: GPD, LLC TRACT B LOT 19, SUB. EX. PLAT OF COZENS MEADOW AT GRAND PARK, AMEND. NO. 1 REC. NO. 2018004431 OWNER: GPD, LLC TRACT A LOT 19, SUB. EX. PLAT OF COZENS MEADOW AT GRAND PARK, AMEND. NO. 1 REC. NO. 2018004431 OWNER: GPD, LLC U . S . H I G H W A Y 4 0 UNPLATTED MEADOWS AT GRAND PARK FILING NO. 1 REC. NO. 2020001836 MEADOWS AT GRAND PARK FILING 1 REC. NO. 2020001836 SU B . E X . P L A T O F CO Z E N S M E A D O W A T GR A N D P A R K A M E N D . 1 RE C . N O . 2 0 1 1 0 0 9 5 0 8 SUB. EX. PLAT OF COZENS MEADOW AT GRAND PARK AMEND. 1 REC. NO. 2011009508 SUB. EX. PLAT OF COZENS MEADOW AT GRAND PARK AMEND. 1 REC. NO. 2011009508 WILLOWS AT GRAND PARK FILING 1 REC. NO. 2015004926 S P E C I A L W A R R A N T Y D E E D R E C . N O . 2 0 0 9 0 0 1 1 3 1 UNPLATTED COZENS MEADOW AT GRAND PARK AMEND. NO. 1 REC. NO. 2007006785 UNPLATTED UNION PACIFIC RAILROAD 0 150 300 EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN SECTIONS 20, 28 AND 29 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. GRAND COUNTY, COLORADO EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN S20, S28 AND S29 T1S, R75W, 6TH PM 9/2/2021 GRAND PARK NOT RECORDED GRAND PARK NOT RECORDED SEE SHEET 5 MATCH LINE AREA D 117.30 ACRES +/- TRACT E OWNER: GPD, LLC TRACT A OWNER: GPD, LLC TRACT I OWNER: GPD, LLC TRACT H OWNER: GPD, LLC TRACT L OWNER: GPD, LLC TRACT J OWNER: GPD, LLC METES AND BOUNDS OWNER: GPD, LLC METES AND BOUNDS OWNER: GPD, LLC TRACT K OWNER: GPD, LLC THE VILLAGE AT GRAND PARK FILING 2A REC. NO. 2008007840 UNPLATTED UNPLATTED WILLOWS AT GRAND PARK FILING 1 REC. NO. 2015004926 WILLOWS AT GRAND PARK FILING 3 REC. NO. 2016006982 WILLOWS AT GRAND PARK FILING 2 REC. NO. 2016006979 WILLOWS AT GRAND PARK FILING 2 REC. NO. 2016006979 WILLOWS AT GRAND PARK FILING 3 REC. NO. 2016006982 WILLOWS AT GRAND PARK FILING 1 REC. NO. 2015004926 UNPLATTED U . S . H I G H W A Y 4 0 GRAND PARK NOT RECORDED UNION PACIFIC RAILROAD UNION PACIFIC RAILROAD 0 150 300 EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN SECTIONS 20, 28 AND 29 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. GRAND COUNTY, COLORADO EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN S20, S28 AND S29 T1S, R75W, 6TH PM 9/2/2021 0 250 500 SCALE: 1" = 250' EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN SECTIONS 20, 28 AND 29 TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. GRAND COUNTY, COLORADO EXHIBIT LEGAL DESCRIPTIONS OF FOUR AREAS FOR CONSERVATION EASEMENTS SITUATED IN S20, S28 AND S29 T1S, R75W, 6TH PM 9/2/2021